Carlsbad man arrested on fifth charge of battery

A Carlsbad man was arrested Wednesday when police found cuts on his girlfriend's neck.

The couple was allegedly having a dispute over a missing camera.

James Everson, 47, and girlfriend Tracy Kirkpatrick - who told police their relationship has been on and off for five years - were spending the night at Kirkpatrick's daughter's home on the 700 block of N. Second Street.

When he woke up on Wednesday morning, Everson reportedly discovered his Rangefinder camera was missing and accused Kirkpatrick of taking it.

According to the police report, the couple was in a verbal dispute in the alleyway behind the home when police received a call that there was "lots of screaming and yelling going on" south of Church Street. Police responded and reportedly found Kirkpatrick - who CPD Sergeant Eddy Duarte reportedly recognized from past law enforcement dealings - walking in the alley.

There was "obvious redness to the left side of her neck and small scratches on the left side of her cheek and underneath her left ear," according to the police report.

Kirkpatrick reportedly told Duarte that Everson was getting angry with her and accusing her of stealing the Rangefinder.
She told him to go ahead and put marks on her, and she said that's when he pushed her against a wood fence in the alley, according to the police report.
When police questioned Everson, he reportedly denied putting his hands on Kirkpatrick, though he admitted that the two had gotten into an argument.

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"She just started going off on me," Everson told police. Kirkpatrick also reportedly started telling him that he was going to jail because "they said put marks," according to the police report.
Everson was arrested on suspicion of battery against a household member, and police discovered that he already had four convictions of the crime on his record.

According to a new New Mexico law, someone who has been charged and convicted with battery against a household member three times will be charged as having committed a fourth degree felony, police said.

Because Everson already has four prior convictions from Oct. 2008, Feb. 2009, March 2010 and Oct. 2010, he will reportedly be tried for a third degree felony.

Police hope that more serious consequences for the crime will deter any potential criminals from hurting anyone in their household.